Page No.# 1/6 GAHC010039232025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/1133/2025 DR ASHOK KUMAR DAS RETIRED PRINCIPAL OF R S GIRLS COLLEGE, KARIMGANJ, S/O LATE AKASH CHANDRA DAS, R/O TILAK CHAND ROAD PO AND DISTRICT KARIMGANJ, ASSAM, PIN-788710 VERSUS THE STATE OF ASSAM 9 ORS. REPRESENTED BY THE SECRETARY, TO THE GOVERNMENT OF ASSAM, DEPARTMENT OF HIGHER EDUCATION, BLOCK-C, ASSAM CIVIL SECRETARIAT, JANATA BHAWAN, DISPUR, GUWAHATI, ASSAM, PIN-781006 2:THE DIRECTOR HIGHER EDUCATION ASSAM KAHILIPARA G GUWAHATI ASSAM PIN-781019 3:COMMISSIONER AND SECRETARY TO THE GOVERNMENT OF ASSAM DEPARTMENT OF FINANCE ASSAM CIVIL SECRETARIAT DISPUR GUWAHATI ASSAM 4:PRINCIPAL RABINDRASADAN GIRLS COLLEGE P.O. AND DIST. KARIMGANJ ASSAM PIN-788710 Page No.# 2/6 5:DR NIBARAN CHNDRA DAS PRESIDENT GOVERNING BODY RABINDRASADAN GIRLS COLLEGE P.O. AND DIST. KARIMGANJ ASSAM PIN-788710 6:DR KAILASH SARMA ASSISTANT PROFESSOR DEPARTMENT OF ENGLISH INTERNAL AUDITOR FORMER TEACHERS REPRESENTATIVE RABINDRASADAN GIRLS COLLEGE KARIMGANJ 7:DR DIPON GHOSH ASSISTANT PROFESSOR DEPARTMENT OF ECONOMICS INTERNAL AUDITOR FORMER TEACHERS REPRESENTATIVE RABINDRASADAN GIRLS COLLEGE P.O.AND DIST. KARIMGANJ PIN-788710 8:DR DEBASHIS DUTTA CHOUDHURY CONVENER CONSTRUCTION COMMITTEE ASSISTANT PROFESSOR DEPARTMENT OF MATHEMATICS INTERNAL AUDITOR RABINDRASADAN GIRLS COLLEGE P.O. AND DIST. KARIMGANJ ASSAM PIN-788710 9:DR NILANJAL DE ASSISTANT PROFESSOR DEPARTMENT OF HISTORY RABINDRASADAN GIRLS COLLEGE P.O.AND DIST. KARIMGANJ ASSAM PIN-788710 10:DR DIPANKAR DAS CHOUDHURY ASSISTANT PROFESSOR DEPARTMENT OF MATHEMATICS CONVENOR PURCHASE COMMITTEE INTERNAL AUDITOR RS GIRLS COLLEGE P.O. AND DISTRICT SRIBHUMI ASSAM PIN-78871 Advocate for the Petitioner : MR. B PURKAYASTHA, J.P. BARUAH Advocate for the Respondent : SC, HIGHER EDU, MR. P K ROY (R-6 TO 10),MRS. A CHAKRABORTY (R-4,5, 6 TO 10),MR. S K CHAKRABORTY (R-4,5,6 TO 10) Page No.# 3/6 BEFORE HONOURABLE MR. JUSTICE N. UNNI KRISHNAN NAIR ORDER Date : 22.07.2026 Heard Mr. B Purkayastha, Learned Counsel for the Petitioner. Also heard Mr. D Upamanyu, Learned Standing Counsel, Department of Higher Education, Assam and Mr. P K Roy, Learned Senior Counsel, assisted by Mr. B Das, Learned Counsel appearing for the Respondent Nos. 4 to 10. 2. The Petitioner in the present Writ Petition, while serving as the Principal of Rabindrasadan Girls’ College, Karimganj, had retired from his services, on reaching the age of superannuation, w.e.f 30.11.2024. From the materials brought on record, it is revealed that the pension of the Petitioner, was duly authorized and the same is being received by the Petitioner. With regard to the other pensionary benefits receivable by the Petitioner, barring the amount under Leave Encashment, the other pensionary benefits have also been released to the Petitioner. 3. The Respondents in the Department of Higher Education, Assam, have projected in the matter that in view of the fact that Page No.# 4/6 the College authorities had not issued an N.O.C in the matter, the Leave Encashment benefits of the Petitioner could not be processed and released to him. Such a statement is so made, in- spite of the fact that without an N.O.C, the pension and other pensionary benefits were already released to the Petitioner. 4. Mr. P K Roy, Learned Senior Counsel appearing for the College authorities, by referring to an affidavit filed on 01.12.2025, by the College authorities, has submitted that in pursuance to an enquiry conducted by a Committee, constituted by the Governing Body of the College, amounts, recoverable from the Petitioner, was quantified. On a query made, as to whether, any proceedings have been instituted, with regard to any misconduct, on the part of the Petitioner, in connection with the utilization of College funds, it was fairly submitted that no such proceedings have been instituted, till this date. 5. In view of the above position coming on record and the Petitioner having been found to have already retired from his services on 30.11.2024 and there being no proceeding, instituted against the Petitioner, in connection with any misconduct committed by him, with regard to utilization of funds of the Page No.# 5/6 College, this Court directs the Petitioner to submit an Indemnity Bond, to the Director of Higher Education, Assam. The Petitioner shall also undertake before the Director of Higher Education, Assam, that in the event, any amount is found to have been so quantified to be recovered from him, in pursuance to a procedure known to law, he shall refund the said amount, without any further objection, or the said amount would be permissible to be deducted from his pension. 6. In the event of filing of the said Indemnity Bond, as well as, the undertaking, the Director of Higher Education, Assam, shall proceed to compute and release to the Petitioner, his due amount against Leave Encashment benefits, within a period of 2 (Two) months from the date of receipt of a certified copy of this order, along with the Indemnity Bond and an undertaking from the Petitioner. 7. It is also provided that on the amount recoverable from the Petitioner is quantified through a process known to law, the amount would be permissible to be deducted from the pension in equated monthly installments, in the event the said amount is not paid by the Petitioner. Page No.# 6/6 8. With the above observations and direction, the present Writ Petition stands disposed of. JUDGE Comparing Assistant